(16) to create an awareness of, and responsibility for, and energy needs of rural and urban residents as suc pertain to home heating and cooling, transportation, agri production, electrical generation, conservation, and resea development;

(17) to foster insofar as possible the continued good h the Nation's small business firms, public utility districts, pal utilities, and private cooperatives involved in energy tion, transportation, research, development, demons marketing, and merchandising; and

(18) to provide for the administration of the function: Energy Research and Development Administration relate clear weapons and national security which are transferred Department by this Act.

[¶ 1013]

RELATIONSHIP WITH STATES

SEC. 103. Whenever any proposed action by the Department co with the energy plan of any State, the Department shall gi consideration to the needs of such State, and where practicable attempt to resolve such conflict through consultations with priate State officials. Nothing in this Act shall affect the autho any State over matters exclusively within its jurisdiction.

TITLE II-ESTABLISHMENT OF THE DEPARTI

[¶ 1021] Establishment

SEC. 201. There is hereby established at the seat of go executive department to be known as the Department of Energ be at the head of the Department a Secretary of Energy (herei Act referred to as the "Secretary"), who shall be appointed by by and with the advice and consent of the Senate. The Depart administered, in accordance with the provisions of this Act, unde sion and direction of the Secretary.

[¶ 1022]

Principal Officers

SEC. 202. (a) There shall be in the Department a Deputy S shall be appointed by the President, by and with the advice and Senate, and who shall be compensated at the rate provided for Executive Schedule under section 5313 of title 5, United Sta Deputy Secretary shall act for and exercise the functions of during the absence or disability of the Secretary or in the ever Secretary becomes vacant. The Secretary shall designate the the Under Secretary and other officials shall act for and perform of the Secretary during the absence or disability of both the Deputy Secretary or in the event of vacancies in both of those of

(b) There shall be in the Department an Under Secretary Counsel, who shall be appointed by the President, by and with consent of the Senate, and who shall perform such functions an Secretary shall prescribe. The Under Secretary shall bear prima ity for energy conservation. The Under Secretary shall be comp rate provided for level III of the Executive Schedule unders title 5, United States Code, and the General Counsel shall be the rate provided for level IV of the Executive Schedule under title 5, United States Code.

[¶ 1023]

Assistant Secretaries

SEC. 203. (a) There shall be in the Department eight Assist each of whom shall be appointed by the President, by and with consent of the Senate; who shall be compensated at the rate level IV of the Executive Schedule under section 5315 of title Code; and who shall perform, in accordance with applicable functions transferred or delegated to, or vested in, the Secre prescribe in accordance with the provisions of this Act. The the Secretary shall assign to the Assistant Secretaries inclu limited to, the following:

(1) Energy resource applications, including functions dealing with management of all forms of energy production and utilization, including fuel supply, electric power supply, enriched uranium production, energy technology programs, and the management of energy resource leasing procedures on Federal lands.

(2) Energy research and development functions, including the responsibility for policy and management of research and development for all aspects of

(A) solar energy resources;

(B) geothermal energy resources;

(C) recycling energy resources;

(D) the fuel cycle for fossil energy resources; and

(E) the fuel cycle for nuclear energy resources.

(3) Environmental responsibilities and functions, including advising the Secretary with respect to the conformance of the Department's activities to environmental protection laws and principles, and conducting a comprehensive program of research and development on the environmental effects of energy technologies and programs.

(4) International programs and international policy functions, including those functions which assist in carrying out the international energy purposes described in section 102 of this Act.

(5) National security functions, including those transferred to the Department from the Energy Research and Development Administration which relate to management and implementation of the nuclear weapons program and other national security functions involving nuclear weapons research and development.

(6) Intergovernmental policies and relations, including responsibilities for assuring that national energy policies are reflective of and responsible to the needs of State and local governments, and for assuring that other components of the Department coordinate their activities with State and local governments, where appropriate, and develop intergovernmental communications with State and local governments.

(7) Competition and consumer affairs, including responsibilities for the promotion of competition in the energy industry and for the protection of the consuming public in the energy policymaking processes, and assisting the Secretary in the formulation and analysis of policies, rules, and regulations relating to competition and consumer affairs.

(8) Nuclear waste management responsibilities, including

(A) the establishment of control over existing Government facilities for the treatment and storage of nuclear wastes, including all containers,

casks, buildings, vehicles, equipment, and all other materials associated with such facilities;

(B) the establishment of control over all existing nuclear waste in the possession or control of the Government and all commercial nuclear waste presently stored on other than the site of a licensed nuclear power electric generating facility, except that nothing in this paragraph shall alter or effect title to such waste;

(C) the establishment of temporary and permanent facilities for storage, management, and ultimate disposal of nuclear wastes;

(D) the establishment of facilities for the treatment of nuclear wastes;

(E) the establishment of programs for the treatment, management, storage, and disposal of nuclear wastes;

(F) the establishment of fees or user charges for nuclear waste treatment or storage facilities, including fees to be charged Government agencies; and

(G) the promulgation of such rules and regulations to implement the authority described in this paragraph,

except that nothing in this section shall be construed as granting to the Department regulatory functions presently within the Nuclear Regulatory Commission, or any additional functions than those already conferred by law.

(9) Energy conservation functions, including the development of comprehensive energy conservation strategies for the Nation, the planning and implementation of major research and demonstration programs for the development of technologies and processes to reduce total energy consumption, the administration of voluntary and mandatory energy conservation programs, and the dissemination to the public of all available information on energy conservation programs and measures.

(10) Power marketing functions, including responsibility for marketing and transmission of Federal power.

(11) Public and congressional relations functions, including responsibilities for providing a continuing liaison between the Department and the Congress and the Department and the public.

(b) At the time the name of any individual is submitted for confirmation to the position of Assistant Secretary, the President shall identify with particularity the function or functions described in subsection (a) (or any portion thereof) for which such individual will be responsible.

Federal Energy Regulatory Commission

Sec. 203 1023

L

[¶ 1024]

Federal Energy Regulatory Commission

SEC. 204. There shall be within the Department, a Federal Energy Regulatory Commission established by title IV of this Act (hereinafter referred to in this Act as the "Commission"). The Chairman shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code. The other members of the Commission shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. The Chairman and members of the Commission shall be individuals who, by demonstrated ability, background, training, or experience, are specially qualified to assess fairly the needs and concerns of all interests affected by Federal energy policy.

[¶ 1025]

Energy Information Administration

SEC. 205. (a)(1) There shall be within the Department an Energy Information Administration to be headed by an Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for in level IV of the Executive Schedule under section 5315 of title 5, United States Code. The Administrator shall be a person who, by reason of professional background and experience, is specially qualified to manage an energy information system.

(2) The Administrator shall be responsible for carrying out a central, comprehensive, and unified energy data and information program which will collect, evaluate, assemble, analyze, and disseminate data and information. which is relevant to energy resource reserves, energy production, demand, and technology, and related economic and statistical information, or which is relevant to the adequacy of energy resources to meet demands in the near and longer term future for the Nation's economic and social needs.

(b) The Secretary shall delegate to the Administrator (which delegation may be on a nonexclusive basis as the Secretary may determine may be necessary to assure the faithful execution of his authorities and responsibilities under law) the functions vested in him by law relating to gathering, analysis, and dissemination of energy information (as defined in section 11 of the Energy Supply and Environmental Coordination Act of 1974) and the Administrator may act in the name of the Secretary for the purpose of obtaining enforcement of such delegated functions.

(c) In addition to, and not in limitation of the functions delegated to the Administrator pursuant to other subsections of this section, there shall be vested in the Administrator, and he shall perform, the functions assigned to the Director of the Office of Energy Information and Analysis under part B of the Federal Energy Administration Act of 1974, and the provisions of sections 53(d) and 59 thereof shall be applicable to the Administrator in the performance of any function under this Act.